Job Protection

No Harmful Work

There is no provision in the law which prohibits employers from giving such work to pregnant workers which is harmful to their health.

However, during the first two months of resumption of work (and after giving birth), new mothers should be given only light work.

Sources: §182 of the Labour Law, promulgated by Royal Order No. CS/RKM/0397/01 of 13 March 1997 (amended in 2007)

Protection from Dismissals

According to the Constitution of Cambodia, a pregnant woman may not lose her job because of pregnancy and avail her maternity leave without loss of seniority.

Labour law states that a women worker can't be dismissed during the period of her pregnancy and maternity leave or at such time that contract termination notice would expire during such absence. Employment contract of a female worker is suspended during pregnancy, delivery and for any post-natal illness.

Sources: §46 of the Constitution of the Kingdom of Cambodia, of 21 September 1993 (as amended 1999); §71 & 182 of the Labour Law, promulgated by Royal Order No. CS/RKM/0397/01 of 13 March 1997 (amended in 2007)

Right to Return to Same Position

According to the Cambodian Constitution, pregnant worker has the right to take maternity leave without losing her seniority.

There is no specific provision in the labour law regarding a worker's right to return to same position after availing her maternity leave. However, it is mentioned that a worker can't be demised during the term of her maternity leave which means that right to return to work is implicitly guaranteed under the law.

Sources: §46 of the Constitution of the Kingdom of Cambodia, of 21 September 1993 (as amended 1999); §182 of the Labour Law, promulgated by Royal Order No. CS/RKM/0397/01 of 13 March 1997 (amended in 2007)